ALF Brief Predicts Devasting Impacts If Congress Can Tax Unrealized Gains As “Income”

ALF Amicus Briefs, All Amicus Briefs, US Supreme Court /

The Supreme Court has granted certiorari in Moore v. United States, No. 22-800, to review the constitutionality of the Mandatory Repatriation Tax, 26 U.S.C. § 965, a one-time tax which required U.S. taxpayers to treat as income a proportionate share of the undistributed profits of  certain  foreign corporations. The Ninth Circuit upheld the tax, asserting that “realization of income is […]

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It’s Time For Attorneys & Courts To Use the Amended Expert Witness Rule

All Publications, Atlantic Legal Foundation, Published Articles /

The Atlantic Legal Foundation long has been the nation’s leading advocate for use of sound science in judicial and regulatory proceedings. ALF’s advocacy in the famous Daubert trilogy of Supreme Court cases significantly contributed to the adoption of the reliability standard incorporated into Federal Rule of Evidence 702, which governs admissibility of testimony by expert witnesses. And ALF’s insistence

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Webinar: Challenging the Constitutionality of FTC & Other Federal Administrative Enforcement Proceedings

Atlantic Legal Foundation, Presentations, US Supreme Court /

Last April, the Supreme Court’s unanimous combined judgment in Axon Enterprise, Inc. v. FTC & SEC v. Cochran opened federal district court doors to litigation challenging the structural constitutionality of civil administrative enforcement proceedings brought by the Federal Trade Commission (FTC) or the Securities and Exchange Commission (SEC) before their own administrative law judges. This

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all things amicus

ALF Argues No Chevron Deference For Unconstitutional Interpretations

ALF Amicus Briefs, All Amicus Briefs, Atlantic Legal Foundation, US Supreme Court /

Almost 40 years ago the Supreme Court held in Chevron U.S.A v. Natural Resources Defense Council, 467 U.S. 837, 844 (1984), that “a court may not substitute its own construction of a statutory provision for a reasonable interpretation made by the administrator of an agency.” This Chevron doctrine “directs courts to accept an agency’s reasonable resolution of an ambiguity in

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Moving Forward With DRI’s Center for Law and Public Policy

All Publications, DRI, Published Articles /

It’s a privilege to be chairing DRI’s Center for Law and Public Policy at a time when so many challenges are confronting the civil litigation defense bar. The July/August 2003 edition of DRI’s For The Defense magazine includes a special section on The Center’s activities. Please read my introductory comments.

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all things amicus

ALF Argues That CFPB “Self-Funding” Is Unconstitutional

ALF Amicus Briefs, All Amicus Briefs, US Supreme Court /

According to its website, the mission of the Consumer Financial Protection Bureau (CFPB) is “making sure you are treated fairly by banks, lenders and other financial institutions.”  When Congress created the CFPB in 2010 as part of the Dodd-Frank Wall Street Reform and Consumer Protection Act, it sought to ensure that the agency would be an

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Larry Ebner Quoted In Law360 On Supreme Court Business Decisions

Commentary, News, US Supreme Court /

On June 30, Law360 published 3 Takeaways From The Supreme Court’s Session, an article providing insights about the Court’s now-completed 2022 Term. In the section called “No Banner Term for Business” I am quoted as follows: Corporations also frowned upon the Mallory v. Norfolk Southern decision upholding a Pennsylvania law that says corporations can be

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Biden’s Student Debt Forgiveness Plan Was Unforgiveably Unconstitutional

Commentary, US Supreme Court /

On June 30 the Supreme Court held in Biden v. Nebraska that the Biden Administration lacked authority under the Higher Education Relief Opportunities for Students (‘HEROES”) Act to cancel $ 430 billion in student loan debt held by 43 million borrowers. The 6 to 3 majority ruling, authored by Chief Justice Roberts, was correct as

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Sup. Ct. “General Personal Jurisdiction” Ruling Exposes Corporations To Forum-Shopping Plaintiffs

Commentary, US Supreme Court /

Here’s a question that a law school student might find on a final exam: When can a State exercise “general personal jurisdiction” over a corporate defendant? Until this week, the answer seemed clear: only in a State where a company is incorporated or its principal place of business is located. But a new 5 to

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